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Stepparent Adoption

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Helpful Document: Summary Guide to Mn Adoption Law and Procedure

 

Contested vs. Uncontested

The only stepparent adoption cases we should really have are unconested.

Uncontested = the bio-parent is agreeing/consenting to the stepparent adopting their child.

Contested = the bio-parent is not in agreement, meaning we’d have to go through a private TPR before doing the adoption, and that is not something we should be handling.

Starting the process

Stepparent adoptions can be overwhelming to start, because there are lots of forms that need to be completed. However, all the templates are in mycase and are relatively easy to figure out.

There are five things that should be done immediately and prior to starting any of the documents:

1.                                              Consent of Bio-Parent

  • The absolute first thing you should do is confirm that bio-parent is consenting to the adoption. Hopefully, our client has already talked to them and they’ve indicated they’ll agree. Connect with the client or attorney and figure out if this conversation has happened already.
  • The bio-parent must put their consent in writing, in front of two witnesses (see template Consent of Parent to Adoption by Stepparent and Waiver of Notice of Adoption Hearing)
  • A major motivation for the bio-parent consenting to the adoption is that they will no longer be responsible for ongoing child support for the minor child.
  • The petitioning parent can work directly with the bio-parent to get them to sign the Consent or we can send it to them with a letter. Sample language:
    • I have been retained as attorney for Marli and Trevor Schabert. Marli and Trevor have asked for my assistance in pursuing an adoption of Bodhi Allan Masteller by Trevor. I believe you have discussed this with Marli. What we need to do is get your consent on the attached form. By consenting to the adoption, you would be giving up any rights and responsibilities that you have as Bodhi’s biological father. Should the adoption be granted by the court, Marli and Trevor would be the legal parents of Bodhi going forward .    As you are the biological father of Bodhi, the first step in the process is to get your consent for the adoption. Marli is of the belief that you would be agreeable to Trevor adopting Bodhi. Enclosed with this letter is a Consent of Parent to Adoption by Stepparent and Waiver of Notice of Adoption Hearing. If you are in agreement to the proposed adoption, please complete the Consent Form in front of two witnesses have it returned to my office in the enclosed, self-addressed, prepaid, envelope at your earliest possible convenience. Please feel free to reach out to my office should you have any questions.

2.                               Minnesota Father’s Adoption Registry (MFAR)

  • The next thing that should be done right away is an MFAR request. MFAR is a database where guys can register their name if they think they might have a child out there. Then, before any adoption in the state of MN, an MFAR search must be completed to make sure no guys have registered as the possible father of the kid. This is all very ridiculous because we know who the father is, but it must be done. There is NO WAY AROUND THIS.
  • Link for MFAR Search for more info: Search MFAR – MN Dept. of Health (state.mn.us)
  • Link to MFAR document to be completed: 2024-09-19 MFAR Search
  • Best practice is to send the MFAR search request to the client to complete and then give back to us so we have a copy on file AND can fax the MFAR request in.
  • If client is not doing this or is slow to do it, we can do it ourselves. We would list the requester as the attorney and then select that option under “authority to request.” We can include firm credit card information and then bill the client for the cost.
  • Once the MFAR search gets sent it, it takes a few weeks to a month to get the results back. The results will be mailed and look like this: 2024-08-07 MFAR Search Results 2024-3831887-1

3.                                 Certified Copy of Birth Certificate

4.                                 Fingerprints and Background Checks

  • Every person 13 or older residing in our client’s home must complete a background check, including fingerprints. Even if there are children who only live there on weekends or in the summer, as long as they are 13 or over, they need to get this done.
  • Tell the clients to contact their Human Services Department and tell them you need to have a background check for the purposes of adoption. The Human Services Department (likely the adoption unit) should be able to give them guidance on where they can do their fingerprints and the next steps.
  • Getting these background checks back can take a long time, especially if people ever lived out of state. These should get started as soon as possible.
  • Results from the background study will come back looking something like this: 2020-10-23_Background_Study_Clearance_-_Trevor

5.                                 Information and Questions to Client

  • There is an initial document we share with clients that outlines some of what is stated above (certified copy of birth certificates, finger prints & background checks)
  • This same document also has a bunch of questions the client needs to answer in order for us to complete all the adoption paperwork. Someday we will hopefully get these questions into an intake that can be sent to client when they retain, but until then, we use this – which is also available in mycase. 2024-09-19 Initial tasks & questions for clients – stepparent adoption
  • Share this document with the clients and ask them to complete the tasks and answer the questions and give it back to us.

Next Steps

Once you have done these initial things you can begin drafting the documents.

Here is the full list of documents you will need to draft – all of these should be in mycase:

  1. Petition for Stepparent Adoption
  2. Consent of Parent to Adoption by Stepparent and Waiver of Notice of Adoption Hearing (discussed above)
  3. Ex Parte Motion to Waive Postplacement Assessment – see below for more info
  4. Affidavit in Support of Motion to Waive PP Asmt – see below for more info
  5. Affidavit in Place of PP Asmt – see below for more info
    1. If either parent answers “yes” to any questions in this affidavit, we then need to complete the “Attachment to affidavit in place of PP asmt”
  6. Proposed Order Waiving PP asmt – see below for more info
  7. Proposed Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment and Decree of Adoption
  8. Communication and Contact Agreement and Order (if applicable) – see below for more info
  9. Consent to Adoption by Child Aged 14 or Order (if applicable) – see below for more info

Waiving Postplacement Assessment (PP asmt) 

Upon the filing of the stepparent adoption petition, the Court must immediately refer the petition to the local social services agency in the county where the prospective adoptive parent lives to conduct a postplacement assessment and file a report with the Court within 90 days of the agency’s receipt of the petition. The petitioner must pay the cost of the postplacement assessment. The assessment must evaluate the child’s environment, the home of the petitioners, the health and well-being of the child in the prospective adoptive home, whether the child’s cultural and ethnic practices are being met, whether the adoptive placement meets the needs of the child, and must include a background study, including fingerprint check, of all adults in the home age 13 or older. The assessment report must make a recommendation as to whether the adoption should be granted   HOWEVER – There is an option to waive the PP assessment, and we should always do that as it will save time, money, and stress for everyone involved. 

In order to have this waived, we complete the 4 (maybe 5) documents noted above and also below:

  1. Ex Parte Motion to Waive Postplacement Assessment 
  2. Affidavit in Support of Motion to Waive PP Asmt
  3. Affidavit in Place of PP Asmt 
    1. If either parent answers “yes” to any questions in this affidavit, we then need to complete the “Attachment to affidavit in place of PP asmt”
  4. Proposed Order Waiving PP asmt 

Communication and Contact Agreement

In some cases, there may be an agreement between the petitioning parent and the non-petitioning parent to maintain some level of contact between the non-petitioning parent and the child. This varies greatly from case to case and could include only pictures be sent once a year, or it could include regular phone calls or visits. If this is being considered by our client, or the non-petitioning parent is asking for it, our client should certainly talk to the attorney about this. An outline for a proposed Communication and Contact Agreement is in mycase: Communication and Contact Agreement and Order

Consent of the child

If the child being adopted is 14 years of age or older, the child must also consent to the adoption. The template for this is in mycase: Consent to Adoption by Child Aged 14 or Order.

Documents to File

Once every single document listed above is completed, you have received the MFAR search results, a copy of the certified birth certificate, and the background studies/finger print results, you can then file the case.

  1. Petition for Stepparent Adoption
  2. Original, signed Consent of Parent to Adoption by Stepparent and Waiver of Notice of Adoption Hearing (discussed above)
  3. Ex Parte Motion to Waive Postplacement Assessment
  4. Affidavit in Support of Motion to Waive PP Asmt
  5. Affidavit in Place of PP Asmt
    1. If necessary, Attachment to Affidavit in place of PP asmt
  6. Proposed Order Waiving PP asmt
  7. Proposed Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment and Decree of Adoption
  8. MFAR Search Results
  9. Certified Copy of Birth Certificate
  10. Signed Communication and Contact Agreement and Order (if applicable)
  11. Original, signed Consent to Adoption by Child Aged 14 or Order (if applicable)

 

Prior to the Adoption Hearing

  • The parents should complete the Certificate of Adoption (except for section 4 “Certification”) which can be located here cert of adopt or here Certificate of Adoption (state.mn.us)
  • The parents should complete the Birth Certificate Application which can be located here bcaftadptn.pdf
  • The parents should bring both of these to the adoption hearing
  • The parents should also bring at least 3 blank checks to the hearing

The Adoption Court Hearing

  • Will likely be in person
  • The child MUST be present (no exceptions)
  • Judge will review the petition, ask some questions to confirm everything is cool, and then grant the adoption
  • This is a very feel good hearing. Sometimes the Judge will do fun things after it’s done, like let the kid sit at the bench or come off the bench and visit with the family, say hi to the kid, ask if they want a picture taken.

After the Hearing

  • Following the hearing, the Judge will sign the proposed order (FOF, COL, OFJ, J&D for Adoption)
  • Our client will request and pay for a certified copy of the Order at Court Admin
  • Our client will give Court Admin the partially completed Certificate of Adoption, the fully completed Birth Certificate Application, and the certified copy of the Order.
  • Court Admin will fill in section 4 of the Certificate of Adoption  and mail this document, the Birth Certificate Application, and the certified copy of the Order to  the MN Dept of Health WITH a check from our client for the applicable fees. This will accomplish registering the adoption with the MN Dept of Health and prompt the MN Dept of Health to issue a new birth certificate for the child.
    • There is a fee to the MN Dept of Health to process the Certificate of Adoption (like $50 or something)
    • There is also a fee to get a certified copy of the amended birth certificate (like $30 or something)
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